Ex-Penn State president asks to be given records

HARRISBURG, Pa. - October 7, 2013

His lawyers filed a motion Friday for pretrial discovery that says they weren't able get the material from prosecutors, despite making several requests.

They also said a judge has agreed to hold a hearing on issues related to Cynthia Baldwin, the school's then-chief lawyer who accompanied Spanier and two other administrators to grand jury appearances.

Spanier's lawyers wrote that they made discovery requests in December, April and late September and were either ignored or told they were premature. They said there is a large volume of material that must be turned over.

"For example, the commonwealth's witnesses testified that 30 terabytes of data from multiple email boxes maintained by Dr. Spanier were collected, and the commonwealth alleged, among other things, that this evidence revealed that Dr. Spanier deleted emails in an attempt to obstruct the grand jury investigation," his lawyers wrote.

Joe Peters, a spokesman for the attorney general's office, said Monday that Spanier and the other defendants will be getting discovery materials this week. He called the filing by Spanier routine.

It was "filed to preserve the fact that the defendant asked for certain documents, should it come to pass that the defense feels there was something they didn't get," Peters said.

Spanier, who faces charges of perjury, conspiracy, obstruction, failure to report suspected abuse and endangering the welfare of children, has denied the allegations. He is awaiting trial along with Tim Curley, the school's former athletic director, and Gary Schultz, a now retired university vice president.

Peters said a hearing regarding Baldwin is "inevitable," but he did not think any date has been set for it.

Spanier's lawyers wrote that Baldwin, also a former state Supreme Court justice, "breached the attorney-client privilege and work product doctrine by herself testifying before the same grand jury as to her confidential communications with Dr. Spanier and work performed on his behalf."

Spanier is seeking from prosecutors the transcript of her testimony and any "understanding or agreement" regarding future prosecution, including any grant of immunity for her grand jury testimony.

Sandusky, the school's longtime assistant football coach under Joe Paterno, is serving a 30- to 60-year state prison sentence for sexual abuse of 10 boys over 15 years. The state Superior Court recently denied his request for a new trial.

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